Living Wills and New York State

During the controversial events surrounding the life and death of Terri Shiavo a beautiful young girl who became the talk of the country, the discussion of Living Wills took center stage among news anchors and talking heads. The masses sought out lawyers to draft such documents on their behalf determined not to have their loved ones involved in such a battle. Family discussions and water cooler talk about the quality of life kept us all captivated fearing that at some point any of us might face certain issues. In my own experience many years prior my parents and aunts faced the issue of keeping my grandmother alive on life support though her brain no longer functioned her body would with help. Almost 20 years after that my husband and his family faced a similar choice. The difference between the cases involved the existence of a Living Will. However, the existence of the document turned out not to be the magic wand that freed the signor from this world. The State of New York reserves the right not to accept a Living Will. In this state it merely exists as "evidence" of the intent of the executor of the document. The hospital may still impose rules upon how the document will be utilized and religious hospitals; namely Catholic hospitals reserve the right not to allow it any credence at all. In cases involving brain death even if a Living Will exists and the agent gives authority to "pull the plug" (a misnomer by the way, it is usually a tube which is taken out of the patient; not a plug which is removed from the wall). Three doctors must confirm the diagnosis of brain death before the wishes of the family and or the individual will be honored. This can take anywhere from one to two days to accomplish depending on the schedules of the doctors. Should one have a living will in New York? Well, of course the choice is individual but.. it can't hurt.